Is downing the software legal?

Hello, I would very much like to download S9 software. My AHI's have crept up to 8.0 after having recent nasal surgery. Before surgery it was around 2-3 AHI. However, I am concerned with the legality of downloading from links given on this forum. Can anybody reassure me?

Wildbuc wrote:Hello, I would very much like to download S9 software. My AHI's have crept up to 8.0 after having recent nasal surgery. Before surgery it was around 2-3 AHI. However, I am concerned with the legality of downloading from links given on this forum. Can anybody reassure me?

Is downing the software legal?

Depends on what the definition of "IS".....is......

(and what your conscience can tolerate)

You're using a machine made by a company that won't allow dealers to ship their products outside of the sellers' countries.

You're using a machine made by a company that, unlike other manufacturers, won't provide a version of the software for users to view THEIR nightly data. (it's YOUR machine and YOUR data) With many of the other companies, there is software available to purchase through various vendors.

You're using a machine made by a company that uses "price fixing" (by every definition), "minimum advertised prices" and other nefarious means to keep the costs/prices of their equipment artificially high.

You're using a machine made by a company that makes a number of models which don't collect data. (although a couple of them do)

The bottom line is.......they really don't care about how your therapy is working........they just want to make money from selling these products.

YOU have to be the one who is in charge of YOUR therapy.

And, if that means you have to get the software by some other method......... Well, only you and your conscience can make that decision. Under the circumstances, it wouldn't bother mine. The way I see it, if they were actually SELLING the software (or a version of it) like the other companies do.........THEN it would probably fall into a gray area of legality.

Just my two cents worth. And, the reasons why I wouldn't own a ResMed machine.
(I use ResMed masks, but I bought all of them before their corporate philosophies and policies got really bad.)


Den

I feel a little bit naughty--but no one loses; so, morally: who gets hurt?
If the software were indeed for sale; Many would buy it.
I daresay it would not be available for download were it for sale.
This is the corporation's way of keeping their dealer network happy and not affect the 'bottom line'.
I suspect the majority of 'high-end' products are sought out by savvy customers (patients)
who demand data access, and will shop the competition if denied that.
The company would be crazy to turn all those customers away.
The competition probably has many customers already who would rather have 'legal' software.

Hey Den,

You forgot one:

You are using a machine made by a company who "threatened" to sue our host for allowing people to list their "used" Resmed items for auction on the secondary market!
Cheers

Wulfman wrote:

Wildbuc wrote:Hello, I would very much like to download S9 software. My AHI's have crept up to 8.0 after having recent nasal surgery. Before surgery it was around 2-3 AHI. However, I am concerned with the legality of downloading from links given on this forum. Can anybody reassure me?

Is downing the software legal?

Depends on what the definition of "IS".....is......

(and what your conscience can tolerate)

You're using a machine made by a company that won't allow dealers to ship their products outside of the sellers' countries.

You're using a machine made by a company that, unlike other manufacturers, won't provide a version of the software for users to view THEIR nightly data. (it's YOUR machine and YOUR data) With many of the other companies, there is software available to purchase through various vendors.

You're using a machine made by a company that uses "price fixing" (by every definition), "minimum advertised prices" and other nefarious means to keep the costs/prices of their equipment artificially high.

You're using a machine made by a company that makes a number of models which don't collect data. (although a couple of them do)

The bottom line is.......they really don't care about how your therapy is working........they just want to make money from selling these products.

YOU have to be the one who is in charge of YOUR therapy.

And, if that means you have to get the software by some other method......... Well, only you and your conscience can make that decision. Under the circumstances, it wouldn't bother mine. The way I see it, if they were actually SELLING the software (or a version of it) like the other companies do.........THEN it would probably fall into a gray area of legality.

Just my two cents worth. And, the reasons why I wouldn't own a ResMed machine.
(I use ResMed masks, but I bought all of them before their corporate philosophies and policies got really bad.)


Den

builta wrote:Hey Den,

You forgot one:

You are using a machine made by a company who "threatened" to sue our host for allowing people to list their "used" Resmed items for auction on the secondary market!
Cheers

Hi builta.

Thanks for adding that.

Another example of the depths the corporate scum at ResMed will sink to........


Den

This software should come with the machine anyway. I downloaded the software and as soon as I get it figured out, I am going to use the H*ll out of it!

There will be freely available, Open-Source software available soon compatible with ResMed S9 & PR System One.

The data formats are now very well understood, and there is quite a few good programmers and technical people who visit around here.

Wildbuc wrote:Hello, I would very much like to download S9 software. My AHI's have crept up to 8.0 after having recent nasal surgery. Before surgery it was around 2-3 AHI. However, I am concerned with the legality of downloading from links given on this forum. Can anybody reassure me?

There will be no software police knocking on your door. Remember you're only going around once in this life so take charge of it.

Well, you've all made "moral" arguments and danced around the OP's question. He didn't ask if it was "right"; he asked if it was legal.

It is copyrighted, proprietary and not for sale (to the masses). So, in a word, NO. But, there is no legal way to obtain it. Let your conscience be your guide.

LinkC wrote:Well, you've all made "moral" arguments and danced around the OP's question. He didn't ask if it was "right"; he asked if it was legal.

It is copyrighted, proprietary and not for sale (to the masses). So, in a word, NO. But, there is no legal way to obtain it. Let your conscience be your guide.

Someone always has to drop a turd in the punch bowl.

I remember a previous conversation about this.......
Someone pointed out that the actual downloading of the software is NOT in itself "illegal".

However, something I've wondered is that if these companies are actually distributing the software FREE (or allowing it to be downloaded from a support site without cost) to DMEs or others.......then, does that make the downloading or use of it by an individual user "illegal"? (Especially in light of the fact that it's not available to be "purchased" in any market.)

LinkC wrote:Let your conscience be your guide.

I actually said something similar in my first post.


Den (who legally purchased the Encore Pro software he uses from CPAP.COM)

kempo wrote:Someone always has to drop a turd in the punch bowl.

Technically it is against the law to exceed the speed limit by even 1 MPH. How many of us have ever been guilty of speeding whether we got caught or not. Use seat belt or not? Cell phone while driving if live in area where it is illegal. Won't even go down the recreational drug use road. What else have we done that was technically illegal?

If someone might lose sleep over downloading and using software then I understand and tell them don't do it.

Thanks very much for your responses. I actually figured that no one would reply to my question, since it would place themselves in public view regarding this issue. I suppose it is very much an issue for each individual to decide, and there is clearly no "moral" right or wrong associated with it. It does appear illegal, and so for me that is enough to discourage me from downloading it. Perhaps it is very naive, but I believe Resmed should provide the software free with the machine. There are too many vested financial interests at the expense of public health involved, however, to make this likely. Health care is a business, a fact I learned only in my later years.

Wildbuc wrote:Hello, I would very much like to download S9 software. My AHI's have crept up to 8.0 after having recent nasal surgery. Before surgery it was around 2-3 AHI. However, I am concerned with the legality of downloading from links given on this forum. Can anybody reassure me?

No its not legal. You are infringing on their intellectual property and stealing their product. Its illegal. Is it moral though? Depends. If you can afford to buy a real copy of it, its immoral IMO. If you are really sick and broke too, and all you can afford is a free download and you need it, its probably moral. Its kind of like going into a grocery store if you are starving to death and nibbling on some fruit or something. I never stole a thing in my life before, but if I was starving...or sick as a dog and my only option was to steal medications I needed, Id probably do it. Has never come to anything like that before, but I say if you cant afford the software, dont worry about it.

Eric

Wildbuc wrote: It does appear illegal, and so for me that is enough to discourage me from downloading it. Perhaps it is very naive, but I believe Resmed should provide the software free with the machine.

Ask your doctor to write a RX for the software. Then take the RX to the DME and they should honor it. ResMed has said in the past that if a doctor orders it then they are fine with patient using the software. I would assume this is still the way they feel. Have no idea as to cost, but it won't be cheap.
Insurance won't pay or reimburse for it but if you will sleep better obtaining the software that way then that is what is important.

You still have data available on the LED screen which is more than a lot of people have, so that is a plus.

Edit: It wasn't that long ago that ResMed still allowed online suppliers to sell the software without a RX to end users. It was available when I started CPAP therapy less than 2 years ago.